Resources

PLP's Resources Library is an online database holding PLP's guides, conference papers, published research and reports, recorded presentations, policy responses, and many other items. You can search the items by clicking a category or a tag on the left, or using the search function. Please note the content from conferences, such as papers and audio, are provided for public law practitioners. Public law is a very fast-moving area and some of the information will be out of date or overtaken by events. PLP accept no responsibility for the contents of these items.

Resources tagged with "Human Rights Act 1998"

The introduction of the Deprivation of Liberty Safeguards (“DoLS”) to the MCA 2005 on 1 April 2009 imposed a statutory responsibility on local authorities to oversee and operate a scheme to lawfully deprive the liberty of adults who lack the capacity to consent to arrangements made for their care or treatment in either hospitals or care home in their own best interests.

There have been rapid technological developments and the scale of data sharing and collection has increased dramatically. Intelligent technology allows private and state use of personal data on an unprecedented scale. There is a wide variation in national implementation of Directive 95/46/EC, and a need to do away with legal uncertainty and current costly fragmentation.

The number and diversity of JR cases is now such that a review of the year can only hope to cover a small sample of the Administrative Court’s workload. The selection of cases here (from September 2015 to August 2016) necessarily reflects our personal choice, and no doubt there are many others that could have been included. We have each picked three cases. They are summarised in chronological order.

There was so much background reading and watching referenced in our 'By Public Demand! Inquiries, Investigations and the Law' conference on 21st April 2016 that we asked contributors to recommend follow up reading and watching.

This presentation looks at the core duties to investigate, identify, and protect; the source of those duties; and their application in situations where the police and the Home Office are most likely to come into contact with victims - enforcement action, immigration crime raids, police stations, prisons, detention centres, screening, immigration procedures, and visa posts.

This paper considers the opportunities for legal redress under the Human Rights Act 1998 (“HRA”) where police fail to carry out their investigative responsibilities. The main focus is on the claims available to victims of serious crimes against the person. However, I also examine briefly the position of those accused of crimes who experience delay in their exoneration as a result of incompetent investigation.

Mid-Staffordshire, Morecambe Bay, Winterbourne View, Southern Health. Sadly the NHS is far from immune from preventable deaths, individual and systemic abuse, and deficient investigations into its own failings. The need for effective systems that will prevent death and serious harm, protective duties that require staff to take operational measures to protect those in their care, and robust, searching investigations into deaths and incidents of mistreatment are needed in healthcare and clinical settings now more than ever.

The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.

The “duty” on the State to conduct an investigation into events of significant public concern or interest is not in fact a single duty, but incorporates some duties, and a wide range of powers, derived from common law, statutory and international law sources, which can often overlap in the same case. This is one of two papers by Henrietta Hill QC and Adam Straw presented as part of PLP's 'By Public Demand: Inquiries, Investigations and the Law confercne in April 2016.